부당이득 반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 29, 2016, the Plaintiff (hereinafter collectively referred to as “Plaintiff”) filed an application for commencing rehabilitation procedures with the Daegu District Court 2016 Gohap107, and rendered a preservative measure order on March 7, 2016. On April 8, 2016, the Plaintiff (hereinafter referred to as “Plaintiff”) received a decision to commence rehabilitation procedures from the said court, and the rehabilitation plan approval order on November 21, 2017, respectively. < Amended by Act No. 14183, Apr. 8, 2016>
B. Meanwhile, on the other hand, the Plaintiff issued to D Co., Ltd. (hereinafter “D”) a face value of KRW 250 million in the payment of goods as the payment of goods, and a bill (bill number: E) with maturity on March 4, 2016, and D endorsed this to F Co., Ltd. (hereinafter “F”), and F was discounted by the Defendant around September 2015.
B. The Plaintiff had a deposit claim of KRW 126,732,040 in the existing post office account. On March 4, 2016, the Plaintiff deposited the said amount into the deposit account of the Defendant bank that the Plaintiff was the deposit owner. On March 4, 2016, the Defendant suspended payment as to the Plaintiff’s deposit claim against the Defendant on March 4, 2016. On April 27, 2016, the Plaintiff declared that “The Defendant’s deposit claim against the Defendant is an automatic bond, and the Plaintiff’s deposit claim against the Defendant is offset as of April 29, 2017 by the Plaintiff’s deposit claim against the Defendant.”
In cases where any rehabilitation creditor or any rehabilitation secured creditor bears obligations for the debtor at the time the rehabilitation procedures commence, when both claims and the claims are able to offset them against the debtor before the reporting period expires, any rehabilitation creditor or any rehabilitation secured creditor may offset them within such period without resorting to the rehabilitation procedures.
The same shall apply where the obligation is due.
(2) The rent obligations of any rehabilitation creditor or any rehabilitation secured creditor after the rehabilitation procedures commence may be offset against the current and following terms pursuant to the provisions of paragraph (1) only for the current and following terms.
However, there shall be deposits.